Hypothetical employment question ….

paulyoung666

Distinguished Member
An employee has a medical condition that is covered by his workplace health scheme , there is a 50/50 chance that he will still be able to do the job he’s employed to do after it , the operation is unsuccessful in that he is capable of work but not the exact job he used to do , where does that leave the employee as he is now technically disabled , can he be dismissed or does the company have a duty to employ him because they sanctioned the operation ….
 

booyaka

Moderator
How would the employer "sanction" an operation??

Surely if the individual needed an operation, the decision to operate or not would be the individual/medical professional. It's nothing to do with the employer.

Just cause the health cover in place is supplied by the employer does not mean they are liable for the outcome of an operation.
 
D

Deleted member 498601

Guest
If the employee can be employed by the company after becoming disabled due to surgery, even in a different role, I'd be very surprised if the company can legally dismiss him.

It's very hard to know without more information though. If the guy is a van driver who can't string a sentence together, but the other role is very technical and beyond the employee's capabilities, then the company couldn't be expected to take him on in the technical role.
 

paulyoung666

Distinguished Member
If the employee can be employed by the company after becoming disabled due to surgery, even in a different role, I'd be very surprised if the company can legally dismiss him.

It's very hard to know without more information though. If the guy is a van driver who can't string a sentence together, but the other role is very technical and beyond the employee's capabilities, then the company couldn't be expected to take him on in the technical role.
Yes he could work in another role 👍
 

paulyoung666

Distinguished Member
How would the employer "sanction" an operation??

Surely if the individual needed an operation, the decision to operate or not would be the individual/medical professional. It's nothing to do with the employer.

Just cause the health cover in place is supplied by the employer does not mean they are liable for the outcome of an operation.
My bad , sanction as in allow the use of the private work scheme 🤦‍♂️
 

Simian Sibling

Distinguished Member
IMO
Private health insurance is nothing more than getting it quicker and a swanky hospital room.
Doesn’t matter if is NHS or private operation the company have nothing to do with what’s gone on with that persons health.
If that person now has a disability they should try and accommodate their needs 🤷🏻‍♂️
 

The Dark Horse

Well-known Member
An employee has a medical condition that is covered by his workplace health scheme , there is a 50/50 chance that he will still be able to do the job he’s employed to do after it , the operation is unsuccessful in that he is capable of work but not the exact job he used to do , where does that leave the employee as he is now technically disabled , can he be dismissed or does the company have a duty to employ him because they sanctioned the operation ….

I'd say the private health scheme is irrelevant, it's just a faster way of being treated by an NHS doctor who does private work. If they didn't have private health care they would still get NHS treatment and it's their choice to have the treatment, no one can force you into it. So if they couldn't do their job after the op I would imagine they would be in the same position as anyone else. The company can try and move them to another role but ultimately if there is no job for them, and they can't perform their old one, then that company do not have an obligation to carry on employing them.
 

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